Help needed Urgently Barclaycard/Mercers

[gem77]

Hi, I wonder if someone can help me please I am really getting to the end of my tether. I have a Goldfish card and the last few months i have not been able to pay the minimum amount. I have been to citizens advice who were no help what so ever so decided to try to sort it myself. I sent all my creditors the letter with pro rata payments and my income and expenditure sheet. some have agreed to the paymets but low and behold Mercers havent. I sent them the next letter stating that my other creditors accepted it and there is no more to offer you etc etc. They phone me about 5 times a day but i dont answer the phone. I have stated to them that i will only deal with them via mail. Today I get this letter sent to me

 

 

IMMEDIATE ACTION NEEDED

we are dealing with your account on behalf of Barclaycard. The account is still overdue and we now have no alternative but to pass your account to:

 

A local debt collector who may call at your home to btain full payment.

 

We would prefer not to take this action and are confident that between us we can resolve this matter.

 

You should make a payment:

 

• Call us on the above telephone number to make a debit card payment or set up a direct debit. We are open Mon-Fri 8-9 & Sun 10-2
  
• Send a cheque to Barclaycard, Dept PP, Thynne Street, Bolton, BL11 1XX. Please quote your account number on the reverse of the cheque.
  
• Call into any branch of Barclays
  

Even at this late stage, we may be able to agree a repayment plan for you - ring us now.

 

MERCERS DEBT COLLECTIONS LTD

 

I have already sent them 2 letters about doing a repayment plan and continued to pay what I can afford.

 

Is this something to worry about? What letter should I send in response?

 

The have obviously totally ignored my last letter to them.

I have had the account for about 16 years now and never missed a payment and payed it off lots of times. The moment I am having financial difficulty they come down on you like a tonne of bricks and dont want to know!!!!!

 

If there is someone out there who could point me in the right direction I would be most greatful.

 

Gem77

[slick132]

Hi Gem,

 

BC, Mercers and Calders are rubbish at reading, and ignore a lot of what you send them. They think persistence by letter and phone will wear you down so you will pay more than you want, or can afford. This letter is just a normal Snot-o-Gram from Mercers and certainly nothing to worry about.

 

You should just ignore Mercers letters and calls - just like they ignore you. They're not the police or anyone with authority. If they send anyone round, it's normally Power2Contact and they're as nice as pie and leave when asked.

 

Just continue to send BC whatever monthly payment you can.

 

Are there any penalty charges on this a/c. These can be reclaimed in full, plus interest. Do you have your statements to check on this.

 

If you think there are penalties in the last 6 years but don't have the statements, get them from BC with a SAR.

 

[gem77]

Thank you Slick. that has put my mind at ease a little. I have always kept my repayments upto date and find it very distressing now i cant pay them and they are just adding to that distress.

I do have some penalty charges on the card but only the last 3 or 4 months. in the 16 years i have had the account I have never defaulted on it.

Thanks again for your help.

Gem77

[slick132]

Hi Gem,

 

Any charges you incur can be reclaimed within 6 years of the charge, so I suggest you keep all statements for the time being, and reclaim the charges when it suits you.

 

BC have a reputation for doing very little to help customers when they fall on hard times - in fact, they do quite the opposite. So please try not to let their attitude distress you.

 

Experience suggests that, in time, you'll see BC and their DCA's for what they are - a bunch of heartless bullies who would do anything to get you to pay even what you can't afford.

 

[letsdothis]

Hi

 

I got a similar letter today in response to a SAR to BC and that is just one of many. You have loads more to come after that one, before they actually do anything. Providing of course they follow the same procedure as mine.

 

Relaim all the charges for over limit and late payment from BC - You can use my templates if you wish. I got all mine refunded and then credited off my outstanding balance leaving a payment of £102 to settle.

 

FAO Slick as I know he loves contractual interest, on my claim I thought it was just the 8% interest that I had gotten back. However in the SAR pack I got today, was a copy of their letter, which clearly says contractual interest, so a double whammy. I hadn't noticed that word before, and I never even asked for it, just statutory @ 8%

[slick132]

That's a bonus Letsdothis !!

 

To Gem - Regardless of what BC, Mercers, Calders, etc all threaten, they are normally very slow, or even not willing, to take the matter to court in the majority of cases.

 

[gem77]

Thanks for the advice guys, Today I recieved another letter this time from Power2contact Just like you said Slick. It reads as follows:

 

REFERENCE YOUR OVERDUE BARCLAYCARD ACCOUNT

 

We are acting on behalf of Mercers Debt Collections Ltd and have been instructed by them to collect the outstanding arrears due to them by you for your Barclaycard account. It is in your interest to contact Mercers or Power2contact immediately upon reciept of this letter to discuss this account as a matter of urgency.

 

To avoid the need for this action please contact Mercers at once on 08448 222 007

 

Alternatively, contact power2contact on 01270 653 999 to make a payment via debit or credit card

 

If you do not respond to this letter we will assign one of our contact managers to make a personal visit to your home to collect payment. Should you fail to contact us, we may commence legal proceedings to recover sums due on your barclaycard account.

 

PLEASE DO NOT IGNORE THIS LETTER, IF YOU ARE HAVING DIFFICULTY MAKING YOUR PAYMENTS WE ARE WILLING TO DISCUSS OTHER PAYMENT OPTIONS

 

Yours sincerely,

K.Hillyer

for and on behalf of power2contact limited

 

So do I write to this power2contact or Mercers? What should I do?

They say they are willing to discuss repayment options which is what ive been trying to do so clearly they are not willing to discuss them.

 

Many Thanks

Gem77

 

Gem77

[slick132]

Hi Gem,

 

Read this Article carefully - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit-

 

You do not need to respond to this at all, so ignore this letter.

 

They will not help you reach a repayment plan and they simply want you to play things THEIR way.

 

[gem77]

Ok thanks Slick. So just to recap dont respond and do i print out the letter on the link then if they call at my home give them this letter or should i send a copy to mercers and power2contact before they call?

I really dont want them calling at my home dont know if i could handle that. I am a very nervous person and hate conflict which is one of the reasons i wont speak on the phone to them aswell as wanting a paper trail.

One other thing if they were to try to take legal action where would i stand on this? would they need to supply a enforcable agreement as i doubt very much they would have one after 16 years and it being passed to about 3 different companies since i opened the goldfish account all them years ago.

 

Thank you so much for your help.

Gem77

[slick132]

Hi Gem,

 

Send a copy of the letter to Mercers or P2C - whoever sent you the letter about a home visit.

 

Print off another copy of the letter and keep it handy by your door.

 

There will be no conflict if someone calls - you pass them the letter without even opening your door, and ask them to leave. Don't get involved in any discussion with them. Walk away from the door and that's an end to it.

 

Legal action will not come into the picture for years, by which time things may have improved. Have you considered asking BC to stop adding interest while you are in financial hardship. You can use one of the debt-help agencies to assist you with this. Debt: Where to Get Help - Consumer Wiki

[slick132]

Hi again Gem,

 

Funny, I just came across this after making my post above - http://www.consumeractiongroup.co.uk/forum/barclaycard/213980-barclaycard-cca-what-do.html#post2985278

 

I hope you will find this a bit reassuring.

[gem77]

Hi Slick,

Thank you for that it was reassuring. Just hope if they do call they are as nice as that man.

I have asked them to suspend interest and charges I have sent them my I&E report so they can see we have no more to offer them. They refused the payment wanting more so i wrote to them using the template from here and heard nothing since, until these last 2 letters demanding full payment for the arrears from Mercers and power2contact.

It is so frustrating as my main creditor who I owe alot more to accepted the pro-rata payment straight away and were very understanding. Why cant BC be as understanding they are just Bullys.

 

Thanks again

Gem77

[gem77]

Ok Recieved another letter today from mercers. Anyone come across this before?

 

Fantastic Offer to help you out.

Further to our letter of last month.

 

Your account remains overdue. We would like to help you to resolve this situation, but you must contact us to discuss.

 

Offer

 

If you can make a payment equal to 2 of the missing payments on your account, we will credit your account with the other 2 payments that are overdue. We may also have a number of other ways to help you out. Call us now to discuss this offer!

 

Please telephone Mercers Debt Collections Ltd on 0844 822 2004

 

MERCERS DEBT COLLECTIONS LTD

 

My suspicious mind is working overtime. Why would they want to help pay it off? Im wondering if i were to take them up on the offer (which I couldnt afford to anyway) they will then claim if I managed to afford that I could afford the monthly repayments.

Any views on this and what I should reply?

 

Many Thanks

Gem77

[slick132]

Hi Gem,

 

Experience with Mercers, Calders, etc, shows that you should be wary of such offers. They are usually just a ploy to get you to talk to them.

 

Accordingly, you should resist the temptation to call and keep all communication in writing.

 

See here for a similar case - http://www.consumeractiongroup.co.uk/forum/barclaycard/257379-barclaycard-lloyds-aa-rbs-3.html#post2996148

 

[gem77]

Hi Slick, That was my thought exactly. So what should I reply? a thanks but no thanks kind of letter?

 

Had a letter today from MBNA accepting my reduced payments so that lifted my spirits a little just wish i could get BC off my back.

 

I havent asked them for the original CCA yet. do you think I should now go this route?

 

Kind Regards

Gem77

[slick132]

Yes, for the sake of £1, send off the CCA request. You'll not be able to get the debt written off but it may be useful to you if BC, Mercers, etc continue with their usual unhelpful attitude.

 

You'll find the letter in the Debt Collectors Library.

 

[gem77]

Thanks again Slick. I shall get that sorted then. Who do I send it to BC or Mercers?

[rebel11]

gem77

 

They are one and the same, I'd send it to Barclaycard.

[slick132]

Rebel is right about BC being Mercers, Claders, etc but, personally, I'd send it to Mercers as it may shut them up for a while, until BC produce the documents.

 

[gem77]

Ok thanks Guys will send it to Mercers. Got yet another letter from them over the weekend. Im guessing its just another one of their scare mongering template letters. But I will type it up anyway just incase.

 

IMPORTANT INFORMATION!

YOUR ACCOUNT IS NOW SERIOUSLY IN ARREARS

 

We have tried to help you,but you must contact us.

 

Ways we can help you.

These are the options available to help you out.

 

We may accept reduced payments on your account for a period of time and reduce the interest charges.

 

If you are able to make a lump sum payment, we may accept a reduce balancein settlement of your account.

 

You should be aware that we also hold the option of pursuing your debt through the county courts. This would involve the issue of a county court summons and you would be liable to pay court costs. if we enter judgement against you, this will remain on your credit file for a period of 6 years.

 

To discuss these opportunities, please telephone Mercers Debt Collections Ltd on 0844 822 2005

 

MERCERS DEBT COLLECTIONS LTD

 

Makes me laugh what do they think ive been trying to do. It is them that have been ignoring my proposals.

 

Gem77

[rebel11]

Hi Gem77

 

I've got a couple of those letters, they are getting desparate. I've kept in contact with Barclaycard, infact we've become good Penpals, lol:D

I don't think their meaningful, like everything they do.

[gem77]

Hi guys, all has been quiet for a while just a phone call each day from our chums at mercers. I sent off my CCA request and i have recieved it today in the post. unfortunatley it looks inforceable to me as it is a copy of my signed CCA from goldfish dated 1999. Must be one of the few they had.

I am a bit worried now that they have it close to hand they may take me to court. Anyone got any thoughts or advice on the matter?

 

Many thanks

Gem77

[rebel11]

Hi Gem

 

Best thing to do is remove all your personal details, then scan and post it so the guys here can have a look at it for you. Give you their opinion on it.

Edited July 23, 2010 by rebel11

[gem77]

ok will do. thanks rebel

[gem77]

One other thing I noticed on the CCA is that I ticked that i wanted PPI but also stated that I was self employed but i know i definatley paid PPI for the first few years till i cancelled it. this was obviously longer than 6 years ago can You claim PPI back further than 6 years?